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Politics Paper 3 USA Essay Plans
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- USA Comparative Politics
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- PEARSON (PEARSON)
Politics Paper 3 USA Essay Plans with up-to-date examples.
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Analyse how the US President could be considered to be less effective than the UK Prime Minister in achieving their
legislative goals.
- Pressure groups in the US holder greater powers and can limit the ability of the President to pass legislation by
controlling the voting behaviour of Congress people. Cultural – highlights the influence of groups such as political
parties, PGs and voters. 2012 Newton shooting Obama could not pass legislation for gun control due to NRA
influence in funding election campaign in swing states. Heavily influenced by special interest.
- UK – Salisbury convention ensures manifesto promises cannot be blocked by Lords. President may campaign on a
platform but then face opposition from congress. Trump wall promises rejected by HoR as required $5.9billion –
power of the purse. HoL cannot vote on financial legislation. Biden’s campaign promise of the pay fairness bill
was stopped in the senate.
- Hyper partisanship and gridlock in congress. Difficult to pass legislation when one of houses opposing parties.
Rational theory – President must change legislative aims and make compromises in order to pass legislation.
Obama deported more than any president to show that he could be trusted with immigration. PM has whips to
ensure backbenchers vote along party lines. Patronage in the UK MP more dedicated to party, US party system
means that pork barrelling common. For example, Susan Collins moderate Republican frequently votes in line
with state demands and against her party.
- Frequent election cycle – whole House and 1/3rd Senate every 2 years. UK – majority lasts 5 years.
- Constitutional limits on the Presidents power as SC can hold president’s actions to account. In UK parliament is
sovereign and constitution is uncodified meaning there are fewer limits on PM powers.
- Fusion of powers in parliament UK means PM always has majority. Structural – understanding constitutional
roles, powers and limitation of processes and institutions. Influence occurs by wider structures. PM has whips to
ensure backbenchers vote along party lines.
Examine the different natures of the US and UK Constitutions.
- US codified and entrenched, clearer. UK uncodified and unentrenched, relies on conventions which don’t need to
be followed. May led airstrikes on Syria despite Parliament voting against. Differs in US - Amendment 8 having
ability to initiate military action as commander in chief whilst Congress has constitutional power to declare war.
- Separation of powers. No separation of powers in UK – govt formed from legislative. Can lead to elective
dictatorship. Presidents may lack congressional majority as Obama did in his second term. Congress and
President can both claim equal mandate can lead to instance of gridlock when either house opposes the
President. For example, Obama faced Republican opposition in Senate when appointing Garland to SC.
- US Constitution arguably offers stronger protection of rights, cannot be overturned by a simple act of parliament.
UK HRA upheld by SC, however govt has no responsibility to act according to rulings, seen in UNISON 2017. In the
US Constitution is sovereign rather than Parliament and therefore the SC rulings hold a greater mandate and are
unlikely to be disputed. This is even the case when the SC acts in opposition to views held by the executive. For
example, Dobbs v. Jackson ruling 2022 disapproved of by Biden. Although it is possible to overturn a SC ruling in
the US this has never happened due to supermajorities needed to amend Constitution.
Examine the features of the US and UK Supreme Courts designed to ensure independence from political influence.
Examine the levels of independence of the SC in the UK and USA.
- Appointment process. Increasingly political in the US as appointments are made by the President and confirmed
by the Senate. Presidents pick individuals who agree with them ideologically. For example, Trump appointment
of Amy Coney Barrett to replace Ruth Bader Ginsburg. Lack of independence. In contrast members of the UK SC
are nominated by a judicial appointments committee and the judicial function of the HoL was removed in the
Constitutional Reform Act 2005 making the court more independent.
- Security of tenure ensures that justices are guided by their own personal judicial philosophies. Acceptance of
rulings despite outrage and contradictions. UK – SC ruled that final Brexit say was to be given to parliament –
Johnson upheld. US – outrage over Brown v. Board of Education ruling yet was upheld by federal govt.
- USA Constitution is sovereign, giving the court extensive powers. In the UK sovereignty lies in parliament and can
therefore ignore the court. This suggests that while the US the constitutional sovereignty ensures that judges can
act according to the constitution and do not fear their rulings being overturned, in the UK the court may act in a
way to appease government as their rulings can be overturned by an Act of Parliament and may therefore be
invalid. UNISON 2017 case not upheld by govt.
- Separation of powers. Judicial branch is separate from both legislative and executive branches allowing them to
act in a non-political way as they are not influenced by decisions made by other branches. Separation of powers
not complete in UK and can be said that tend to favour the establishment due to levels of education. Similarly, in
the US SC subject to corruption. 2022 Clarence Thomas exposed of not recording lavish donations from
Republican donor Harlan Crow for over 25 years.
Analyse how the US Senate has greater power than the UK House of Lords. Theories.
,Examine the differences between the HoL and the US Senate.
- Senate is elected meaning it has a mandate. In contrast the UK HoL remains unelected and unaccountable. 92
hereditary peers inherit title. HoL appointments are often subject to cronyism – ‘Tony’s Cronies’. Frequent
electoral cycle in Senate keeps Senators accountable to public – can be removed. Structural theory – HoL limited
by lack of mandate.
- HoL can only delay or amend non-financial bills. HoL also limited by Salisbury Convention but in the US it is not
uncommon for the Senate to contradict the President regardless of the platform they campaigned on. Senate has
greater powers to restrict the executive through debate and the need for 2/3 rd Senate approval as part of the
constitution. Republican Senate rejected Obama SC nominee Garland.
- HoL is less influenced by govt whips and patronage than in the US so can arguably better challenge the legislative.
HoL consists of crossbench peers with no party having a majority in the chamber. Allows for debate which is not
based on party politics. Rational theory – Lords more powerful as able to make decisions based on own rationale
unlike Senate which often acts in accordance to party.
Examine how the powers of the US Congress and UK Parliament are limited in different ways.
- UK Parliament is sovereign. The US constitution is sovereign. Congress is restrained more heavily by the SC and
constitution. Communication Decency Act – SC ruled the act unconstitutional as it violated 1 st Amendment.
United States v. New York Times 1971. SC rulings in UK can easily be overturned by an Act of Parliament.
- Senate is elected meaning it has a mandate. In contrast the UK HoL remains unelected and unaccountable. 92
hereditary peers inherit title. HoL appointments are often subject to cronyism – ‘Tony’s Cronies’. Frequent
electoral cycle in Senate keeps Senators accountable to public – can be removed. HoL limited by lack of mandate.
- HoL can only delay or amend non-financial bills. HoL also limited by Salisbury Convention but in the US it is not
uncommon for the Senate to contradict the President regardless of the platform they campaigned on. Senate has
greater powers to restrict the executive through debate and the need for 2/3 rd Senate approval as part of the
constitution. Republican Senate rejected Obama SC nominee Garland.
- HoC dominated by the executive branch – less likely to scrutinise effectively due to patronage. MPs want to
further their political career, encourages loyalty to PM. Whips ensure they vote along party lines. Senate can be
dominated by alternative party to President – more willing to oppose the President. Can be said to act more
independently. Gridlock likely to be apparent for Biden following 118 th Mid-terms in which House fell Republican.
Examine the ways in which the roles of the US President and the UK Prime Minister are different.
- HoC dominated by the executive branch – less likely to scrutinise effectively due to patronage. MPs want to
further their political career, encourages loyalty to PM. Whips ensure they vote along party lines. Senate can be
dominated by alternative party to President – more willing to oppose the President. Can be said to act more
independently. Gridlock likely to be apparent for Biden following 118 th Mid-terms in which House fell Republican.
- PM can call elections. Strategic timing of elections can work in PM favour and ensure re-election – repeal of Fixed
Term Parliament Act 2011 by Johnson in 2022. President held to fixed election. Circumstances and events more
influential. By the end of their presidency often become ‘lame duck’ president and lacks popularity.
- PM chooses cabinet themselves and has the power to re-shuffle the cabinet. This means the PM has the power to
appoint a cabinet of loyalists of in some cases opposition to prevent them from being vocal from backbenches.
President can nominate cabinet officials but final appointment is down to the Senate. Susan Rice rejected 2012 as
nominee for Secretary of State.
- President is Head of State whereas PM is only head of government. Monarch remains head of state. President’s
powers are protected by a codified constitution. PM powers are not written into a codified constitution – may be
said that power depends on the individual themselves and the size of the majority they hold in parliament. Blair
able to act based on his own belief thanks to landslide majority of 179 seats. In contrast May relied on
Confidence and Supply agreement with DUP leading to opposition in parliament being frequent.
- Cabinet more influential in UK meaning resignations from cabinet hold greater meaning and can limit the power
of the PM. 2022 more than 20 cabinet resignations hindered Johnson’s ability to form a stable govt. Can call for a
vote of no confidence. Cabinet lacks significance in the US with very few cabinet members being as well known.
- President holds greater respect which the PM does not have. Apparent in PMQT when opposition is often rowdy
and has been described as ‘Punch and Judy politics.’ Has rarely been seen in US Congress – becoming new norm
under Biden when he accused Republicans of wanting to sunset Social Security and Medicare.
Analyse how united the main political parties are in the USA and UK. Theories.
- Republicans tend to lean towards the religious right, taking a conservative stance on social policy. Cultural theory
– influence of religion on party policy. Democrats and Labour place a greater emphasis on social welfare and the
belief that social equality can only happen through government intervention. For example, a national health
service, affirmative action. Recent Conservative governments have also tended towards a more compassionate
conservative approach, seemingly agreeing more often with Labour. Cameron legalised same-sex marriage.
Cultural theory – necessary to change in line with cultural changes, move away from ‘Nasty party’ image.
- Both Conservatives and Republicans support low taxation, free market capitalism and privatisation. Where taxes
work to prevent economic growth, they should be changed. Left leaning Democrats such as Sanders and Labour
, instead support a mixed economy and progressive tax, especially for the most wealthy. Labour wish to
reintroduce a 50p tax and raise income tax for the highest earners. Disagreement amongst parties in both
countries.
- Both Conservatives and Republicans support maintaining national sovereignty and therefore support policies
tough on immigration. Conservatives wish to reduce net migration to tens of thousands and introduce tougher
student visa rules. Republicans similarly embrace Trump’s build a wall programme. There is agreement between
Labour and Conservatives, with Labour being wary of freedom of movement due to the impact immigration could
have on wages and conditions. Democrats in contrast to the Republicans wish to reform the immigration system
to include a path to citizenship. Greater agreement between Conservative and Labour.
Examine how interest groups in the USA are more effective at protecting civil rights than pressure groups in the UK.
Examine the reasons why US interest groups are more powerful than PG in the UK.
- Greater number of access points in the USA, PG can have greater influence. Federal nature of US means interest
groups are more able to try and exert influence directly on lawmakers. They can choose to target individually one
of three branches of govt or go directly to state legislation. Pressure groups in the UK are limited as ultimate
power rests with Parliament. Parliament withholds powers to limit PG whereas SC in US would protect the rights
of PG to act. 2022 Priti Patel attempted to push through anti-protest legislation.
- Entrenched political understanding and power of US court makes it more influential for interest groups to target.
Citizens United in US. The weakness of the UK judiciary is that Parliament remains sovereign, therefore targeting
lawmakers is more successful. BMA influential in seeking government influence.
- May be said that in both nations only insider groups with adequate funding and support are able to fully uphold
their rights and influence legislative bodies. BMA successful due to insider status, govt looks for advice on policy.
Significant support of AARP with 38m members allows them to have significant influence. $23m lobbying 2006.
- Short US election cycle creates greater opportunities for interest groups. Can donate to candidates, mobilise
voters and threaten those running. NRA funds campaigns. Spends more than 30x amount of any anti-gun group.
The 5-year UK election cycle gives parties and candidates greater freedom to ignore groups between elections.
Examine how devolution in the UK differs from federalism in USA.
- In the UK, devolved bodies rely on parliament for their existence. Due to doctrine of parliamentary sovereignty,
parliament maintain the right to dissolve the bodies, such as when NI autonomy within the UK ended when
British govt restored direct rule in 1972 and again from 2002-2007. US federalism is entrenched under the 10 th
Amendment, making it difficult to change. 2/3rd of both houses of congress, then ratified by ¾ of states.
- Varying levels of power in devolved assemblies but not in federalism. Difference in power between Scotland and
Wales. Federalism requires each area state to have the same powers not making one state have more power and
abilities than another. Senate ensures equal power of each state – 2 representatives each.
- The origins of power are also different. In the UK, devolution is the decentralisation of powers by the central
authority to lower levels, where all power originated from the central govt in London. Federal powers in US are
constitutionally divided and there is a covenant between central authority and the state in the division of powers
in federalism. Certain powers are given to the national government alone, some to the state governments and
some are shared making the states somewhat equal to the national govt. Comparatively in the UK parliament is
sovereign so each unit only has power due to the approval of Parliament.
Examine the similarities between federalisms in the USA and devolution in the UK
- Both allow for government to be more directly responsible and relevant to citizens. Both allow for differences in
policy making. The freedom of the Scottish Parliament to abandon tuition fees is similar to the power of
individual states to determine their education policies. Both mechanisms for answering calls for more
representative govt and overcome feelings of centralised power. 1998 Scotland, NI, Govt of Wales Act.
Federalism outlined in Constitution and is vital to ensuring limited govt proposed by Framers.
- Both have found themselves being challenged by central government. Both are subservient to a higher
authority at the federal/national level and judicial branch – supreme court. The Scottish Parliament was not
entitled to call a referendum on Scottish independence without assent from Westminster, while states frequently
find their policies challenged by federal law or SC ruling. In neither country can state or devolved laws violate
national or federal constitutional law. National constitutional law will always be supreme. Scotland Gender
recognition Act overturned by Westminster. Texas v. Johnson.
- Both systems are somewhat flexible and evolutionary. States gained more powers in landmark legislation e.g.,
Obamacare. UK system of devolution is flexible and continues to develop with calls for more devolution, English
Parliament? Following 2014 Scottish Referendum – Smith Commission vow to give further powers.
- The UK can be considered semi federal making it more like the US because devolution has resulted in strong
regional institution in Scotland, Wales, NI. Power has become more dispersed in the ways that the devolved
bodies spend their money like federal states. Whereas the US has become more centralised over the past 40
years like the UK unitary states because of how the US Presidents have been increasing the US of executive
orders. For example, in 2020 how the different devolved nations dealt with the coronavirus epidemic very
differently. Similarly in the US some state governments went into lockdown while others didn’t.
, - Both allow for democratic dispersal of power. Both have their own elected legislative and executive branches.
Both systems allow local regions to overcome geographical alienation or feelings of remoteness – allows for
cohesion and unity.
Analyse the different legislative powers of the UK Parliament and the US Congress. Theories.
- UK Parliament is sovereign. The US Constitution is sovereign. Congress is restrained more heavily by the SC and
Constitution. Communication Decency Act – SC ruled the act unconstitutional as it violated the 1 st Amendment.
Structural theory – understanding constitutional roles, powers, powers and limitations of processes and
institutions. Congress is limited by sovereignty of constitution.
- Imperial presidency weakens Congress – presidents can used executive orders, signing statement and executive
agreements to bypass Congress. Obama issued executive order in 2009 ordering the shutdown of Guantanamo
Bay. In contrast PM must act as ‘first among equals’ as cabinet has the ability to bring down the PM. Johnson 20+
cabinet resignations left him unable to form a stable govt in 2022.
- The US has two equally powerful chambers. In the UK the HoL is relatively weak. For example, limited to debating
non-financial bills and can only delay by up to a year.
- Pressure Groups not as influential in UK, giving greater powers to MP to act on their own belief rather than in
favour of a particular interest group. Limitation of Congress as groups such as NRA dominate and reduce
legislative ability. Cultural theory – PG highly influential and may hinder ability of congress to act
representatively.
- UK legislative and executive merged. Limits ability of Parliament to engage in adequate debate. Government
always has majority and most bills pass as a result. Brexit bill passed within 3 days – limited debate and scrutiny.
Congress separate to President can lead to gridlock ensures that all legislation has a wide support base.
Republican Senate refused to further nomination of Garland by Obama.
Analyse the difficulties of amending the constitutions of the USA and the UK. Theories.
- US Constitution is sovereign with an extensive amendment process. Requires 2/3 rd of both houses, ¾ state
approval for an amendment to be made. Only 27 amendments have been made in total. In contrast the UK
constitution is uncodified and unentrenched meaning it can be altered simply by an Act of Parliament.
Constitutional reforms under Blair in 1997 included establishment of devolved assemblies. Rational theory - lack
of codified constitution in UK allows PM to act on own interest regarding what is right.
- The Supreme Court can technically make interpretive amendments which suggests amending the constitution is
not impossible in the US. For example, Obergefell v. Hodges made same-sex marriage legal in all states removing
the power of states to legislate on these matters. Similarly, the SC in the UK can uphold the constitution by
upholding rights of citizens. For example, Catholic bakery actions to refuse selling a cake that said support gay
marriage was not unlawful as they did not refuse service. Both SC play a role in protecting rights.
- Federalism is entrenched in the US Constitution under the 10 th Amendment. This states that any powers not
outlined in the Constitution should be given to states. Power cannot be withdrawn from states without
amendment to the Constitution, need for state approval means removal of federalism is unlikely. Devolution in
the UK however can easily be removed as Westminster remains dominant. Shown in removal of power to NI in
1972 and again from 2002 to 2007. Rational theory - lack of codified constitution in UK allows PM to act on own
interest regarding what is right. Structural theory – constitutional powers limit ability to enact change in US.
Examine factors that explain the low legislative output of Congress and the high legislative output of Parliament.
- UK Parliament is sovereign. The US Constitution is sovereign. Congress is restrained more heavily by the SC and
Constitution. Communication Decency Act ruled unconstitutional as a violation of 1st Amendment. Parliament can
overrule SC with a simple Act of Parliament. Easier to pass legislation without drawback.
- Parliament dominated by the executive branch – less likely to scrutinise effectively due to patronage. In contrast
US lacks system of patronage. Frequent elections mean that Congress people are more likely to be influenced by
pressure groups who can finance elections and promote individuals. Cultural theory – PG influence may cause
change in policy individual represents. As result of porkbarelling and PG influence there is less affiliation with the
party and less willingness to work together to pass legislation. Moderate Republican Susan Collins often votes
against party.
- Gridlock in congress further limits legislative output. Where the President does not have the majority party
support in either house it may be difficult to pass legislative aims. For example, Obama nominee rejected due to
Republican Senate. Democrat House rejected budget of $5.9bn needed for Trump to build the wall – longest
Congress shut down in history. In contrast PM almost always has majority in HoC and can pass legislation easily
as a result. Blair landslide ajority of 179 allowed him to make major decisions with little scrutiny from HoC.
Analyse differences in powers of the HoR and the HoC. Theories.
Examine the differences in the roles of MPs in the HoC and members of the US HoR.
- UK parliament is sovereign. The US constitution is sovereign. Congress is restrained more heavily by the Supreme
Court and the constitution. President can veto legislation. Communication Decency Act. United States v. New
York Times 1971. Able to challenge govt if acts unconstitutionally.
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